Clarke v. Schell
New York Supreme Court
Appeal from circuit court. New York, county. Action by George B. Clarke and William J. Clarke against Alice A. Schell individually, and as executrix of Richard J. Clarke, deceased, and others, to set aside the probate of a will. From a judgment dismissing the complaint, entered on a verdict directed by the court in favor of defendants, and from an order denying a motion for a new trial made on the minutes, plaintiffs appeal.
1Opinion of the CourtFollett, J.
This action was brought July 13, 1893, pursuant to section 2653 of the Code of Civil Procedure, to set aside the probate of the last will and testament, and of a codicil thereto, of Richard J. Clarke, on the ground that they were not the voluntary acts of the decedent, but were procured by the fraud, coercion, and undue influence of Alice A. Schell, William Mitchell, and others. Richard J. Clarke was bom October 1,1810, and died June 10, 1892, aged-81 years, 8 months, and 9 days. He had never been married, and he left no ancestor nor descendant, but left George B. Clarke and William J.…
2Cases cited1 opinion
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
3Cited by3 opinions
- In re Campbell's WillNew York Surrogate's Court · 1912
- In re Benjamin's WillNew York Surrogate's Court · 1911
- In re the Probate of the Last Will & Testament of MarlorAppellate Division of the Supreme Court of the State of New York · 1907